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Despite the ruling in Day, there are strategies that advocates representing those suffering unreasonable delays under the social security appeals system may pursue. Day specifically upheld injunctive relief for individuals (as opposed to classes) who claimed unreasonable delays. In addition, there are non-litigation strategies for helping clients who do not receive a hearing within a reasonable time.“
Finally, there has been subsequent litigation in many of the cases brought as class actions prior to Day requesting alternate relief other than mandatory deadlines, such as notice to class members of their rights to a hearing within a reasonable time and reporting by the Secretary of the delay situation. Currently, there is a conflict in the circuits on whether class relief for delay is possible after Day.
In Barnett v. Bowen,” the Second Circuit ruled that alternate class relief was appropriate in delay cases and endorsed notice relief letting class members know of their right to a reasonably prompt hearing. Such relief was also provided in Sharpe v. Harriso and Martinez v. Heckler.? Since these two decisions were rendered, the Barnett court, on remand, has
ordered HHS to send two notices to class members; one notice is of the right to a hearing within a reasonable time at the time a claimant requests a hearing, and the other notice is an individualized notice, which is sent every 90 days to everyone on the caseload whose hearing request has been pending for 90 days without scheduling. This second notice must explain why no hearing has been scheduled.
On the other hand, in Crosby v. SSA, 8 the First Circuit has ruled that alternate class relief is not proper after Day. The same issue is pending in the Sixth Circuit in Blankenship v. Secretary.
For further information regarding delays, contact the Center on Social Welfare Policy and Law. (Editors' Note: Readers interested in this issue should also read Linden, Delays in Processing Benefits to Disability Claimants, 21 Clearinghouse Rev. 357 (Aug./Sept. 1987).)
Sherry Leiwant Center on Social Welfare Policy and Law
95 Madison Ave., Room 701 New York, NY 10016-7842
4. See Hasen, Delay in the Social Security Appeals Process: The
Potential for Individual Litigation After Heckler v. Day, 20
CLEARINGHOUSE Rev. 523 (Aug./Sept. 1986). 5. Barnett v. Bowen, 794 F2d 17 (2d Cir. 1986). 6. Sharpe v. Harris, 79 Civ. 1977 (S.D.N.Y. Sept. 30, 1985). 7. Martinez v. Heckler, 73 Civ. 900 (E.D.N.Y. May 28, 1985).
8. Crosby v. SSA, 796 F.2d 576 (1st Cir. 1986).
inghouse No. 15,795).
An Aid to Defending Hospital Collection Cases
Alan A. Alop has written a practical guide designed to acquaint attorneys with defenses and claims available in hospital collection cases. Defending Hospital Collection Cases: A Practical Guide contains pleadings and strategy suggestions, and discusses in "litigation” format matters such as motions to dismiss, answers, affirmative defenses, counterclaims, third-party complaints, claims against public aid, summary judgment, trial, judgment, post-judgment, and bankruptcy. This 199-page book is available from the Clearinghouse, No. 42,590, free to LSC grantees, and for $20 to all others.
POSITIONS AVAILABLE IN LEGAL SERVICES PROGRAMS AND PUBLIC INTEREST LAW
To have positions announced in the Job Market, please submit double-spaced copy, by the first of the month to appear in the following month's issue. Rates are as follows: 25€ per word with a $10 minimum. All ads must be prepaid. Make checks payable to the “National Clearinghouse for Legal Services, Inc." Send your job opportunities to: Pai Gordon, Secretary, National Clearinghouse for Legal Services, Inc., 407 S. Dearborn, Suite 400, Chicago IL 60605.
Advertisers in the Review are equal employment opportunity, affirmative action employers.
experience required and expertise in housing litigation preferred.
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Position: Staff Attorney, Monterey County Le-
Opening/Closing Date: Please send applica-
Responsibilities: Intake and co-counseling in
Jeffrey Gilbert, Supervisory Attorney Legal Assistance Foundation of Chicago
343 S. Dearborn, Suite 700 Chicago, IL 60604, (312) 341-1070
Qualifications: Minimum 2 years experience in
Applications: Send resume, writing samples,
Office Description: The 18th Street office serves a primarily Hispanic (Mexican-American) community. The office represents clients in all areas of civil representation except divorces, tort defense, and bankruptcy. The services provided include impact litigation, individual cases, and administrative representation.
James O. Lattumer, Deputy Director
343 S. Dearborn, Suite 700
Chicago, IL 60604
Opening/Closing Date: Open until filled.
Salary/Benefits: $24,000+ D.O.E.; excellent
Brian D. Lenard
P.O. Box Drawer 2867
Maryland Staff Attorney
Position: Staff Attorney.
for major litigation and to assist, co-counsel, and train younger attorneys.
Illinois Senior Attorney/Litigation Qualifications: Broad knowledge of laws af
Director fecting the poor; excellent writing and advocacy skills; general litigation skills, including federal Position: Senior Attorney/Litigation Director, litigation experience; excellent interpersonal skills; Cook County Legal Assistance Foundation and ability to manage the administrative opera- (CCLAF). tions of office.
Responsibilities: Supervise CCLAF's legal work Opening/Closing Date: Please send applica- product; responsible for development and imtions by October 7, 1987; continuous recruit- plementation of legal work systems and training ment until the position is filled.
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sensitive to problems of low-income individuals Position: Supervisory Attorney position, Legal and possess a commitment to providing legal Center for Immigrants.
services to the poor.
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Walt McQuie, Managing Attorney
P.O. Box 924
TTY (301) 228-3813
Responsibilities: Supervising work of Legal Opening/Closing Date: Open until filled.
Cook County Legal Assistance Foundation, Inc.
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Michigan-Executive Director and
Position: Michigan Indian Legal Services (MILS), an LSC-funded, nonprofit legal services program located in Traverse City, Michigan, assisting Native Americans, is seeking an Executive Director and a Staff Attorney.
Applications: Send resume, writing samples, Responsibilities: Day-to-day administration, proand references with telephone numbers to:
gram development, and supervision of state
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Opening/Closing Date: Open until filled.
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Applications: Send resume and cover letter to: